Boston Sports Extra

In an interesting turn of events, the NHL is currently in talks with lawyers in hopes of settling lawsuits brought forth by many former NHL players. Many have alleged the league withheld information in regards to the dangers of repeated head traumas and concussions. Moving forward, what will this mean for the NHL? And will it have a big impact on how the league handles future cases?

(Photo Credits: NESN)

Timing Is Everything

So why settle now? Liability and uncertainty of outcomes-if the NHL decided to move forward with all those individual cases. According to TSN, about 138 former players have filed lawsuits with 150 retaining lawyers. The original judge that presided over that case (and subsequently denied the lawsuit as a class-action case) recently stated:

“What I am going to suggest is that we, to the extent you want to continue to privately talk to each other about a private resolution, you are welcome and encouraged to do that”

As reported by Rick Westhead on TSN, Jodi Balsam, a former NFL lawyer, stated it would be easier for the NHL to settle rather than go through the motion of individual trials.

“If the NHL decides to go to trial on all these cases, they still have to go through further discovery and depositions, and then prepare to try hundreds of individual cases across the country”

As for the uncertainty of how those trials would turn out, Balsam makes a good point:

“As things stand, the NHL may have to eventually go into court facing hundreds of cases across the country. This case is like tobacco where lawyers tried to form a class action and failed because every smoker had a different story and health background. Then lawyers were able to go into courts across America, play to different juries, and have the opportunity to win a precedent-setting case. Juries are unpredictable. Every trial is a crapshoot.”

Settling For Less

Unlike the NFL, the NHL doesn’t have the money to pay out huge amounts. It’s likely players will settle their claims for less than what they were initially looking for. As part of the NFL settlement, players with brain injuries were able to receive up to $5 million dollars each-an amount that the NHL could never make. Compared to the NFL, hockey has less viewership and players don’t get paid as much.

Since the case was initially denied as a class-action lawsuit, many players have filed cases. Players include Mark Hardy, former defenseman for the Los Angeles Kings, Rangers and North Stars. Former Penguins all-star John Cullen; Dan Quinn, an NHL center who was in the league for 14 seasons; Garth Butcher, a defenseman who played with the Canucks. Others include Ian Turnball (who played for the Maple Leafs) and Bryan Berard, who played for the Ottawa Senators.

(Photo Credits: AP Photo)

Crossed Lines

What the NHL does in the future remains to be seen. A question that is asked is will Commissioner Gary Bettman change his stance on the link between concussions and Chronic Traumatic Encephalopathy (CTE). His staunch assertion that there is no definitive conclusion is misleading and according to researchers at Boston University, Bettman misquoted what was said to him during a meeting in 2012. Neuropathologist Dr. Ann McKee, who has been doing extensive research on NHL hockey players had specifically told Bettman:

Dr. Ann Mckee, researcher at the VA-BU-CLF Brain Bank (Photo Credits: SI.com)

CTE was first described in boxers, so it was not a surprise to diagnose CTE in [hockey] fighters. We told Mr. Bettman that with that sample, we could not conclude if the presence of CTE was most likely associated with head impact exposure from normal hockey play or fights.

“However, we were clear that the evidence supported the conclusion that in those four former NHL players, their CTE was due to the head impacts they received as a hockey player who participated in fights as part of the game.”

“However, it is misleading for Mr. Bettman to say we haven’t reached any conclusions. The evidence clearly supports that CTE is associated with ice hockey play. Since that 2012 meeting with Mr. Bettman, the VA-BU-CLF [Veterans Affairs-Boston University-Concussion Legacy Foundation] research team has identified CTE in more ice hockey players, including four amateur hockey players, not all of whom had significant fighting exposure. This provides evidence that normal ice hockey head impact exposure can be associated with CTE.”

Deny, Deny, Deny

Bettman has strongly asserted that there is no link and even wrote a letter to US Senator Richard Blumenthal. In that letter, he cited that the media were to blame for “fanning fears about long-term brain diseases.” Hopefully, players will continue to put more pressure on the league to better regulate “cheap” head-shots. It’ll be interesting to see how Bettman handles the media scrutiny and backlash from families of those that passed away.

“Concussions affect a life. They don’t just affect the ability to play a sport”-Hockey legend Ken Dryden.

Players are more than just commodities. The NHL, whether they like it or not, have to face this reality and need to take care of their own. Your move Bettman.

[youtube https://www.youtube.com/watch?v=E9XLs4BDdjk&w=560&h=315]

Follow Liz Rizzo on Twitter @pastagrll88

Credits to: TSN

Credits to: The Players Tribune

CONCUSSIONS?

In a deposition given in 2015, Boston Bruins owner Jeremy Jacobs denied knowing or ever hearing about CTE. Jacobs was asked if he knew that CTE was diagnosed posthumously in brains of former hockey players. His answer: “I don’t think so, I don’t know.” CTE was discovered in former players Rick Martin, Reggie Fleming, Bob Probert and Steven Montador at the time of his deposition.

Years prior to the Jacobs interview, the NFL settled a $765 million concussion lawsuit, with CTE being thrust into the limelight. In testimonies obtained by TSN.ca owners, like Jacobs, claim ignorance about CTE, yet are against stopping head hits which can lead to concussions. The NHL has spent over $50 million in legal fees, therefore, it would be unlikely that the owners weren’t at least briefed on what CTE is.

MISSING INFORMATION

In 2010 the NFL created a poster warning of the repercussions of repeated head trauma and concussions. The warning also states that injuries to the brain can lead to the early onset of dementia. The NHL’s poster does not include the word “dementia.” A medical consultant for the NHL, Dr. John Rizos, had to “water down” the poster. He testified that his original wording caused some problems within the league. So who exactly had issues? None other than NHL lawyer (and ironically a member of the NHL/NHLPA Concussion Working Group) Julie Grand. In an email to Dr. Rizos, Grand was concerned that any statement including the word “dementia” may sound “too alarmist.” The Leagues Doctors Ruben Echemendia and Willem Meeuwisse were in agreement with Grand.

WHY?

According to Meeuwisse, the word “dementia” was dropped to make the poster easier to comprehend. His reasoning on the change? A language barrier. As Dr. Meeuwisse stated:

A part of the problem that we face in the NHL that the NFL does not face is a language issue, where half of our players speak a language other than English.”

Dr. Conidi, a former team neurologist for the Florida Panthers, believes that the notion of language being a barrier is an insult to the players:

“The editing of the poster is insulting. The thing that comes to my mind is: That’s the best you can think of? I think I would have said, ‘I don’t know’ before I said, ‘My players don’t speak English.’ These players get to and from NHL rinks okay and read English street signs and live in North America. There are a number of very intelligent hockey players and I think many would be offended that these guys are basically saying the players aren’t smart enough to read the poster.”

EMAILS

Grand wrote an email to Commissioner Bettman in regards to the direction that the Concussion Working Group should take. She mentioned that the league should conduct a study “on the long-term neurocognitive and psychological effects of repeated concussions among retired NHL players.” A nice thought, however, she didn’t think it would be worth doing. Grand continued:

“I’d rather focus on the here and now and leave the dementia issues up to the NFL.””I think it is important that we continue to move in more than one direction with the work of the (Concussion Working Group) and appear to both the players/clubs and the public that we are actively engaged in the issue”

Grand concluded the email asking Bettman for his thoughts. His reaction? “Good job. Thanks. You should give it to PR-good job.”

DIRTY HIT ON SAVVY

[youtube https://www.youtube.com/watch?v=kaG4GSyQ-tQ&w=560&h=315]

Fans of the Boston Bruins know about the Matt Cooke hit. They also know Marc Savard’s journey and speaking about his life after suffering that career ending hit. In a poignant piece written for the Players Tribune Savard wrote about the “dark times” he has faced and calls for more mental health resources for players.

An email between Mike Milbury (former Bruins player turned television analyst) and Colin Campbell (NHL Senior Executive Vice-President of Hockey Operations) Milbury asked Campbell what the league will do to Cooke. Campbell’s reply: “Let’s face it Mike…we sell rivalries, we sell and promote hate.”

AFTERMATH

Cooke never received discipline for the Savard hit and he also has never apologized. Then Bruins GM Chiarelli said:

“The last few days I’ve been lobbying the Hockey Ops staff with respect to the Cooke hit on Savard. The issue here is that they felt there was no infraction. He didn’t leave his feet, he didn’t charge, he didn’t use an elbow. They ruled it was a shoulder hit to the head.”

Campbell came out with a neatly written statement at the time:

“I know it’s not something that Boston fans, or hockey fans would like to hear. They want justice. We feel we have to be consistent and do what we feel is right and hopefully we’ve gone to a place in our meetings today that we can eradicate plays like this in the future.”

CONCLUSION

Facing huge backlash and class action lawsuits, the NFL agreed to pay out $1 billion dollars to retired players. The NHL has done the opposite. Former litigator turned Commissioner Gary Bettman has fought to have cases dismissed. He also continues to question the evidence linking brain trauma and hits to the head. With the case now denied as a class action suit, players may have to sue individually.

Bettman and company will continue to fight hardball without any embarrassment or shame, no matter how harmful it is. The NFL has dealt with much negative press involving concussions, however, the NHL has yet to experience such blowback. Attendance is growing steadily, television ratings have not suffered. Will the league ever take responsibility and warn its players about the dangers of concussions?

[youtube https://www.youtube.com/watch?v=EEEVY7LWFgg&w=560&h=315]

Follow Liz Rizzo on Twitter @pastagrl88